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(영문) 대법원 2018.09.13 2016두51917
손실보상금
Text

All appeals are dismissed.

The costs of appeal shall be assessed against each party.

Reasons

1. Case history

A. During the period from around 1989 to around 1990, the Ansan-si buried domestic waste with the consent of the relevant land owner, on a day-to-day Do 1,878 square meters, E field 59 square meters, F river 2,823 square meters (hereinafter collectively referred to as “instant land”).

B. On December 2012, the Defendant, as the executor of the second housing site development project, requested the Korea Chemical Convergence Research Institute to investigate soil contamination level in order to verify the degree of soil contamination caused by wastes buried on the instant land.

According to the results, the soil contamination level of the land in this case is measured as "within the standard level of soil contamination level" or "unexplosion level" as stipulated in attached Table 3 of Article 1-5 [Attachment Table 3] of the Enforcement Rule of the Soil Environment Conservation Act, and it is judged that there is no existing soil contamination level

In March 2013, the defendant requested the Korea Economic Institute to investigate the costs of reclamation and disposal of the land of this case.

According to the results, the cost of waste disposal of the land of this case takes a total of KRW 1,314,494,830.

C. On April 17, 2014, the Central Land Expropriation Committee determined the amount of compensation for losses on the instant land as KRW 650,371,000 and rendered a ruling of expropriation of the instant land.

The Central Land Tribunal, in order to assess the amount of compensation for the land in this case, shall select G 1,216 square meters as a comparative standard for the method of calculating the amount of compensation for the land in this case, and calculate the gap [1 - (the land price in a state that does not consider the cost of disposal based on the report on March 2013) considering the cost of waste disposal in a state that does not consider the cost of waste disposal in order to assess the decline in the value of the land in this case due to waste reclamation] in the form of the land that is located near the land in this case

2. The judgment of the court below

A. The court appraiser (1) may change the form and quality of the instant land as it constitutes an unlawful land change.

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